Supreme Court strikes down law in Jerusalem passport case
Source: CNN
The Supreme Court struck down part of a federal statute that allowed Americans born in Jerusalem to list "Israel" as the place of birth on their passport.
The decision is a victory for the Executive Branch and affirms that "the power to recognize foreign states and governments and their territorial bounds is exclusive to the Presidency."
The case was brought by the family of a 12-year-old boy born in Jerusalem who sought to list Israel as his place of birth in passport."
The vote was 6-3.
Read more: http://www.cnn.com/2015/06/08/politics/zivotofsky-supreme-court-jerusalem-passport/index.html
malthaussen
(17,200 posts)Making a treaty with a foreign power is de facto recognition, and the Senate is supposed to confirm all treaties.
Mind you, I think it's a silly-ass thing to waste the Court's time on, but they didn't ask my opinion.
-- Mal
azurnoir
(45,850 posts)malthaussen
(17,200 posts)But the point is, the ruling is claiming Executive authority when the authority is shared between the Executive and the Senate.
-- Mal
azurnoir
(45,850 posts)does not equate either to a treaty or approving or 'recognizing' everything that country does
malthaussen
(17,200 posts)azurnoir
(45,850 posts)Israel's annexation of East Jerusalem either
Sprael
(15 posts)Can we have a link to the Treaty so we can read the text?
CreekDog
(46,192 posts)with a bit more study I suppose...
Response to CreekDog (Reply #46)
Name removed Message auto-removed
Elmer S. E. Dump
(5,751 posts)If he wasn't born in Israel, where was he born?
OregonBlue
(7,754 posts)other by the State Department.
former9thward
(32,016 posts)cosmicone
(11,014 posts)former9thward
(32,016 posts)azurnoir
(45,850 posts)if he was born in a hospital in the western part of the city, that was part of Israel prior to 1967 then his passport can easily read West Jerusalem Israel
geomon666
(7,512 posts)NuclearDem
(16,184 posts)Jerusalem is one of those few places where simply listing the city name is sufficient for the State Department.
OregonBlue
(7,754 posts)former9thward
(32,016 posts)Wow...
Sprael
(15 posts)You simply asked where.
People born in Hong Kong do not have to list a country. Are you against that?
former9thward
(32,016 posts)Hong Kong is part of China. Passport information should be standard. There is no city on earth that is not part of a country, including Jerusalem.
Sprael
(15 posts)?
Additionally, Do Canada and the UK share your position that every city must legally have a country?
former9thward
(32,016 posts)And I don't care what the position of the UK and Canada is. In my passport I was required to put down the country I was born in. Others should also. Jerusalem is not stateless. It never has been.
Sprael
(15 posts)I just want to know why the USA SCOTUS, UK, Canada, Russia, etc. have not gotten your memo that every city has a country.
Could it be that your position is rare?
former9thward
(32,016 posts)The vast majority of the people of the U.S. would say Jerusalem is in Israel. Next I suppose you will say Kiev is in Russia because it was once the capital of Russia. Or that Lhasa is in Tibet instead of China. Never ends. Our State Department loves to play political games. But that is all it is. A game that all see though.
Sprael
(15 posts)I compared your position to the position of the entities that make decisions for their respective countries. Thats why I mentioned Canada, Russia,etc, and it was clear I wasn't talking about public opinion.
By the way, your game-playing theory actually meant that not only the State Department, but also all those countries I mentioned love to play "games".
CreekDog
(46,192 posts)fail.
former9thward
(32,016 posts)Love to have you weigh in.
Elmer S. E. Dump
(5,751 posts)Sprael
(15 posts)There is no definition of "non-person" in this country, as far as I know.
Elmer S. E. Dump
(5,751 posts)hack89
(39,171 posts)so putting Jerusalem on his US passport is a moot point - it has no impact.
Sprael
(15 posts)When did I call Jerusalem a "country"? You simply asked "where was he born".
In fact, this is the first time in this thread that you type the word "country".
Elmer S. E. Dump
(5,751 posts)The US says he wasn't born in Israel, so I'm simply wondering how does he get a passport if he has no country of origin?
Sprael
(15 posts)People born in Hong Kong can't have anything under "country" either, in a USA passport.
GP6971
(31,163 posts)I know naturalized US citizens have their place of birth on their passports. Or are you talking something different?
Sprael
(15 posts)People in East Prussia, South Sudan, Golan Heights, West Bank and Jerusalem do not have to list a country.
https://www.google.com/url?sa=t&source=web&rct=j&ei=tjd2VdftNsO0yASckoXgDA&url=http://www.state.gov/documents/organization/94669.pdf&ved=0CB8QFjAA&usg=AFQjCNHXCPtPkcB_IlsvB8UsA3gHHTNNtw&sig2=MZJk2ROWopft82lYGzEsfA
1monster
(11,012 posts)So what are the Occupied Territories? They used to be called Palestine until Israel occupied them, so I guess it would be correct, if not politically expedient, to call it The Occupied Territories of Palestine.
happyslug
(14,779 posts)That such determination is made by the Secretary of State NOT Congress is the ruling of the court. As far as the USA is concern his country of birth is Jerusalem and will remain so till there is an international settlement of the Israel and Palestine.
happyslug
(14,779 posts)For purposes of Passports and anything to do with the USA.
hack89
(39,171 posts)He is a US citizen because of his parents not where he was born.
closeupready
(29,503 posts)In 1695 a Dutch orientalist, Hadrian Reland, conducted a geographical survey of the region. He found that none of the known settlements, ancient or contemporary, bore Arabic names. Most names were Hebrew, Greek, or Latin in origin. Moreover, the land was almost empty of inhabitants, desolate, the few towns (Jerusalem, Acre, Safed, Jaffa, Tiberius and Gaza) inhabited mostly by Christians and Jews, with Muslims present only in very small number, mostly Bedouin in the hinterland.
His book, Palaestina ex monumentis veteribus illustrata (Utrecht, 1714), offers no evidence for a Palestinian people, Palestinian heritage, Palestinian nation or Palestinian homeland in ancient times; and it provides a powerful argument against the outrageous and transparently false assertions by some modern Arab spokespersons that what most people know to be Jewish history is in fact Palestinian history. Todays defenders of the Palestinian cause are reduced to stealing Jewish history and heritage precisely because the so-called Palestinians have none of their own.
Todays Palestinians are indeed an invented people. But how did they get invented? Arabs themselves answer that question for us.
http://www.frontpagemag.com/2011/david-meir-levi/an-invented-people/
Yes, Palestinians Are an Invented People
Last Friday, the frontrunner for the Republican presidential nomination, former speaker of the House Newt Gingrich, did something revolutionary. He told the truth about the Palestinians. In an interview with The Jewish Channel, Gingrich said that the Palestinians are an "invented" people, "who are in fact Arabs."
His statement about the Palestinians was entirely accurate. At the end of 1920, the "Palestinian people" was artificially carved out of the Arab population of "Greater Syria." "Greater Syria" included present-day Syria, Lebanon, Israel, the Palestinian Authority and Jordan. That is, the Palestinian people were invented 91 years ago. Moreover, as Gingrich noted, the term "Palestinian people" only became widely accepted after 1977.
http://www.realclearworld.com/articles/2011/12/13/yes_palestinians_are_an_invented_people_99796.html
1monster
(11,012 posts)The names of most of the indigenous peoples that lived in this country meant, when translated into English, The People. (The great majority of those were killed off by the foreign diseases brought to this continent by the Europeans or were slaughtered by those Europeans and their descendents.)
If we follow the same line you seem to advocate in your post, Americans are simply a made up people too... That line of reasoning could make for seriously interesting and complicated debate.
closeupready
(29,503 posts)the idea that someone can be a figment of one's imagination is deeply offensive, but if that this is the argument Israelis are going to spearhead in their offensive against the Palestinians, then those who have promoted it have to own it in all its ugliness.
Jesus Malverde
(10,274 posts)elleng
(130,935 posts)Reter
(2,188 posts)Hard to see with that 6-3 vote. Thomas voted with the majority, this, Scalia voted no, and the two Jewish Justices voted yes. I can't tell by the vote.
happyslug
(14,779 posts)KENNEDY, J., delivered the opinion of the Court, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined. BREYER, J., filed a concurring
THOMAS, J., filed an opinion concurring in the judgment in part and dissenting in part.
ROBERTS, C. J., filed a dissenting opinion, in which ALITO, J., joined. SCALIA, J., filed a dissenting opinion, in which ROBERTS, C. J., and ALITO, J., joined.